Atlanta Post-Conviction Lawyer

Conviction Is Not the End — Explore Your Post-Conviction Options with an Experienced Lawyer in Fulton, Cobb, DeKalb, Gwinnett, & Forsyth Counties

It can feel demoralizing to be handed a conviction after a long and draining court battle. However, a conviction might not be the end of the road; depending on your situation, you have a range of post-conviction relief options to better strengthen your future. At Mones Law Group, P.C., our attorney has significant experience handling some of the most complex felonies in trial and is highly skilled at advocating for clients in court. Whether you seek to file an appeal of your conviction or expungement of a mark on your record, Attorney Stuart M. Mones can help. He is a lawyer who knows how to win, and he will do his best to fight for the outcome you are looking for.

Schedule a free consultation with Mones Law Group, P.C. to learn more. 

Types of Post-Conviction Relief

There are several relief options available at different stages of post-conviction life. 

Some post-conviction options a defendant can explore include:

• Appeals: The defendant can file an appeal to a higher court based on the ground that the lower court performed legal errors in the trial.
• Expungement: The defendant can petition to have their criminal record hidden from public view and can proceed as if the conviction never occurred.
• Sentencing modifications: The defendant can request the court to modify the sentence they’ve been issued.
• Habeas corpus: The defendant can challenge the legality of their confinement and request the overturning of an invalid sentence or denial of bond (this option only applies to individuals who have been held in custody).

Appealing a Case in Georgia

To begin an appeal, the defendant and their attorney should file a Notice of Appeal or Motion for a New Trial within 30 days of the conviction. Appeals are based on whether any legal errors were made in the original trial warrant a re-trial, such as whether the court used inadmissible evidence. New evidence should not be presented in the appeal, and an attorney should instead present briefs detailing the mistakes made during the initial trial.

Some examples of situations in which appeals are granted are when it is shown that:

• There were problems with how the evidence used in the case was collected or handled
• The defendant had ineffective counsel
• The jury was inaccurately instructed

Petitioning for Expungement

Expungement is a post-conviction option that allows a petitioner to hide the conviction from their criminal record. Expungement, also called “record restriction,” effectively seals a person’s criminal record so that it cannot be accessed publicly by anyone other than law enforcement or a criminal investigation agency. As a result, an expunged criminal record will not appear in background checks that are done for employment, housing, and loan applications.

Cases that do not end in conviction (e.g., resulted in arrest, charges were dropped, etc.) are eligible for record restriction in most cases. 

If the case did end in conviction, defendants are eligible for expungement under the following circumstances:

• Misdemeanor convictions: Defendants must wait four years after completing their sentence to request record restriction, and they must have received no other convictions for new offenses during those four years, nor any pending criminal charges.
• Felony convictions: The State Board of Pardons & Paroles must first grant a pardon before an offender can apply for record restriction, and the defendant must wait five years after the completion of their sentence and have no other criminal charges before requesting a pardon.
• First-time drug convictions: Defendants convicted of drug possession for the first time may apply for record restriction if they have no prior convictions and successfully complete their probation.

Certain crimes are ineligible for record restriction under any circumstances, such as sex crimes and violent felonies.

If you have questions about your post-conviction relief options — whether you seek immediate relief in the form of an appeal or a restriction of access to your criminal record as you reintegrate into society — contact Mones Law Group, P.C. Attorney Stuart Mones can take a look at your situation and help you decide which post-conviction options are the most appropriate. His trial experience will also be critical in helping you build a strong case for relief, whether you are appealing a conviction or requesting a sentencing modification. 

Conviction is not the end of your path to freedom; let Mones Law Group, P.C. guide you through your post-conviction relief options today. Contact us for a free consultation.